Court suspends Troy lawyer

Former prosecutor, public defender is accused of neglecting clients

By ROBERT GAVIN Staff report

Updated 9:04 pm, Thursday, April 7, 2011

ALBANY -- A longtime Troy attorney has been suspended from practice for one year for a "serious pattern of client neglect aggravated by his attempts to mislead his clients," a state appeals court announced Thursday.

The panel's unanimous decision stated that Perry neglected the cases and tried to mislead and deceive the Appellate Division's Committee on Professional Standards, which investigates allegations against lawyers.

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Perry was admitted to the bar in 1994.

The appellate ruling said he tried to mislead and deceive clients about the status of their cases, failed to communicate with them and did not promptly refund an unearned portion of retainers.

Perry also failed to cooperate with the Committee on Professional Standards during its investigation of two client complaints -- and did not comply with rules governing the representation of clients in domestic relations, the ruling stated.

The decision noted Perry previously received an oral discipline from the professional standards committee for similar misconduct.

Perry did not respond to a motion from the committee, showing "disinterest on his part in his fate as an attorney," the decision stated.

His misconduct took place before and after April 1, 2009, according to the ruling.

"We determine that, under the given circumstances, an appropriate disciplinary sanction in this matter is (Perry's) suspension from the practice of law for a period of one year, in order to protect the public, deter similar misconduct and preserve the reputation of the bar," the ruling stated.

His suspension begins April 27, the decision said.

Meanwhile, Perry faces potential sanctions in U.S. District Court for allegations he has abandoned a criminal defendant, Christopher W. Bass, who is awaiting sentencing on fraud charges related to a massive ponzi-type scheme. Bass has complained to the court that Perry was failing to properly represent him.

U.S. Magistrate Judge David R. Homer issuned an order Thursday ordering Perry to appear at a hearing May 9 to determine why his conduct should not be reported to the federal district's chief judge, Norman A. Mordue, and the state Committee on Professional Standards for potential discipline.

Homer issued the order after Perry did not show up for a hearing this week involving Bass. The district court clerk had attempted to notify Perry to appear for the hearing through fax, emails and a notice tacked to his office door.

"An attorney who enters an appearance on behalf of a party has a legal and ethical obligation to continue representing that party competently and zealously unless and until relieved of representation by the court," Homer wrote, adding that Perry had broken off contact with Bass for weeks prior to his scheduled sentencing, which has been adjourned until Bass can be appointed new counsel.